New India Assurance Co Ltd vs Brahmdev Singh & Ors
2012 Latest Caselaw 4005 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Date of decision: 9th July, 2012
+        MAC.APP. 123/2012

         NEW INDIA ASSURANCE CO LTD           ..... Appellant
                      Through: Mr. Abhishek Kumar, Adv.

                     versus

         BRAHMDEV SINGH & ORS               ..... Respondent
                      Through: Mr. Anshuman Bal, Adv. for
                                R-3 to R-7.
         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                              JUDGMENT

G. P. MITTAL, J. (ORAL)

1. This Appeal is directed against a judgment dated 01.11.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) (in Suit No.876/2009) whereby a compensation of `33,30,068/- was awarded for the death of Yashpal who died in a motor vehicle accident which occurred on 22.11.2009.

2. During hearing of the Appeal, learned counsel for the Appellant confined his challenge to the impugned judgment only on the ground that the compensation of `1,00,000/- awarded towards loss of love and affection was exorbitant and excessive.

3. Loss of love and affection can never be measured in terms of money. Thus, uniformity has to be adopted by the Courts while

granting non-pecuniary damages. The Supreme Court in Sunil Sharma v. Bachitar Singh (2011) 11 SCC 425 and in Baby Radhika Gupta v. Oriental Insurance Company Limited (2009) 17 SCC 627 granted only ` 25,000/- (in total to all the claimants) under the head of loss of love and affection. Thus, I would reduce the compensation under this head from `1,00,000/- to ` 25,000/- only.

4. The overall compensation is reduced from ` 33,30,068/- to `32,55,068/- with interest @ 7.5% per annum as awarded by the Claims Tribunal.

5. By order dated 01.12.2012, the Appellant Insurance Company was granted stay of execution of the award subject to deposit of the entire award amount.

6. A sum of `75,000/- along with proportionate interest and the interest accrued, if any, during the pendency of the Appeal shall be refunded to the Appellant Insurance Company.

7. The Appeal is allowed in above terms.

8. The statutory amount of `25,000/- shall be refunded to the Appellant Insurance Company.

9. Pending Applications also stand disposed of.

(G.P. MITTAL) JUDGE JULY, 09, 2012/vk